 Your
rights as a working parent
Confused about your rights and entitlements? We teamed up with
the Maternity Alliance to provide answers to your worries about working
after the birth.
Do I have to say when I'll return from maternity
leave?
You do not need to say if you are going back to work at the end of your
maternity leave. You simply go to work on the day that you are due back.
If you are entitled to OML, you will be due back on the day after the
end of the 26-week period. If you are entitled to AML, you will be due
back on the day after the 52-week period.
If you want to return to work before the end of your maternity leave,
you must give your employer at least 28 days' notice of the date you will
be returning on. If you do not give this notice, and just turn up at work
before the end of your maternity leave, your employer can send you away
for up to 28 days or until the end of your leave, whichever is earlier.
If you are entitled to AML but only wish to take OML, you must give 28
days' notice of your return as you are returning early. The law does not
allow you to work for two weeks after childbirth and this period is known
as Compulsory Maternity Leave. You will not be allowed to return to work
during this time.
Do I have the right to return to my old job?
When you go back to work after ordinary maternity leave you have the
right to return to exactly the same job that you were in before you went
on maternity leave. When you return after additional maternity leave,
your employer must give you back the same job or, only if that is not
reasonably practicable, a suitable job on very similar terms and conditions.
I have decided not to go back to work. What should I
do?
You should resign in the normal way, giving the notice required by your
contract or the notice period that is normally given in your workplace.
If you do not have a contract, or nothing has been said, you should give
a week's notice. You can 'work' your notice on maternity leave, you do
not have to actually go back to work. You do NOT have to repay any of
the SMP you received (6 weeks at 90% and 20 weeks at £102.80 (April 2004-5,
£106 April 2005-6).
Can I return to work part time or on different
hours?
You have the right to ask for part-time, reduced or flexible hours and
your employer has a duty to seriously consider your request by law, otherwise
they are in danger of being considered under sex discrimination law. Your
employer must have a good business reason for refusing you if they do.
From 6 April 2003, a new law came into place whereby parents of young
children are allowed to ask for flexible work using a set procedure.
You should follow the procedure for asking for flexible hours under the
new right. If your request is refused, get advice about whether you have
a claim for compensation under the new right AND under sex discrimination
law.
What happens to my holidays during maternity
leave?
You continue to accrue your contractual holiday during your first 26
weeks of ordinary maternity leave. During additional maternity leave,
you will continue to accrue statutory paid holiday of 20 days per year.
Working out your holiday entitlement during maternity leave and when to
take your holiday is complicated. You are also currently not entitled
to take fixed holidays or Bank Holidays that fall during your maternity
leave at another time.
Can I do some part-time work during my maternity
leave?
Yes, you are allowed to do another job during your maternity leave, providing
you follow any rules at your workplace about doing a second job. However,
if you are still receiving maternity pay you may not be entitled to receive
it during any week that you work.
Can fathers take any time off?
Yes, a father is entitled to two weeks' paternity leave if he is:
- an employee
- has worked for his employer for 26 weeks by the 15th week before the
baby is due or, if the baby is born before then, would have worked for
his employer for 26 weeks by the 15th week before the baby is due
- is still employed by the same employer before the birth
- is the biological father or the mother's husband or partner (including
same sex partners)
- is responsible for the child and taking time off to care for the child
or support the mother
He will also qualify for two weeks' paternity pay at £106 per week (from
April 2005) if his average earnings are over £82 per week.
What is parental leave?
Parental leave is a right for both parents to take time off work to look
after a child. You can take 13 weeks' parental leave per parent per child.
It is usually unpaid but check your contract as some employers offer paid
leave. You can take parental leave if you are an employee and you have,
or expect to have, parental responsibility for a child. You must have
worked for your employer for one year and give 21 days' notice.
If my childminder or child is sick, can I take time
off work?
You are entitled to take emergency time off to make arrangements for
the care of a dependant. Time off for dependants is normally unpaid but
check your contract as some employers give paid leave for family emergencies.
You can take the leave to look after anyone of any age who is your dependant,
not just a child. The amount of time you can take is not set in stone
- it is 'what is reasonable to make arrangements for the care of the dependant'
and it will depend on your particular circumstances. You do not have to
give notice as the leave is only for dealing with urgent situations but
you must tell your employer as soon as possible the reason for your absence
and how long you expect to be off work.
Where to next?
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